ifference two yearsa to aa-plus. made. that in a minute. today, the big stories are two specific stocks hitting magnificent highs today from chicken friends. oh, yes, tyson to facebook. tyson foods, boy, they had better than expected earnings, chicken prices tripled. beef prices looked extraordinarily strong as well, and china is a real jumping point for the company. the stock jumped 4% with the high of the session at 25.85. right now, below 29.78. facebook up 97 cents, but it's the 39 # part of it people are excited about it. it continues to trade higher than a year ago may, and, of course, that ipo price was $38 a share. friday, timely closed for the first time above 38, and it continues to march higher as you see.

that's certainly good news. when you talk about marching higher, that's exactly what the stock market has done over the past two years since two years ago today, on this floor, when the dow jones industrials dropped some 635 points after the ratings agency said forget it, no more aaa rating for the united states because it truly felt that because we had raised the debt ceiling, but didn't make the spending cuts, that this country was going to the dogs, and guess what, look at what the stock market did back then. they fell dramatically, as i said, dow jones fill 635 points issue but it was the percentages here. nasdaq fell dramatically, and, of course, you could say it is what happens today is not that big of a deal. it's just down 47 points, but the downgrade be damned as they say. okay. get got to get to the floor show, phil, and imex and cme. ben, two years ago, we were here

together, and at the time, people questioned what was happening with this. i look at that and say, look what the markets have done. we have a chart from two years ago, a steady march, double digits per scene tajes higher for the dow, nasdaq, and s&p. >> i'm sure they feel confident in the quality of work, but the market moves on. truth be told, the fact of the matter is the downgrade had an effect on the bond market, but it also drove people to invest in equities wisely enough. if you had not made that choice two years ago, the stock market is a better investment. liz: it's interesting because, you know, back then, they cut the aaa rating to aa-plus. guess who else is in aa-plus today? france, the aisle -- isle of man, austria. >> a place you want to go to, isle of man. liz: tax dodginess over there as they say.

>> big money. liz: they say it's going to be awful, and today, i here nay sayers saying something's about to happen. >> well, the tendency for any professional trader is to try to look for the worse possible scenario. i've been looking for a correction in the market that just has not come, frankly, and i'm willing to admit to the fact, but the fact of the matter is look at the big picture, and the big picture says the money in the bond market stopped going in, and a lot of it is now all coming out. the flow numbering seen from over the weekend suggests money is coming in. there's a dismal report on friday -- liz: talking about money coming from bond funds going in now, finally, to equity funds. >> better late than never. if you stay in bonds, the beating you take is just getting worse. it's in the a bad time to buy equities right now. there should be a correction for the health of the market, but to the upside, there's upside potential in fact market. as earnings get belter, pe

ratios stocks trade on are cheap as well. there's a reason to take the money out of that equation and put it on our side. liz: go back to work and i'll go to gary. >> thank you. liz: you're welcome. like, i'm losing money, liz. let me get your perspective because duoyears ago, the one interesting thing that happened and now you see where it is today, and it has certainly fallen back. this country is on much firmer footing, is it not? >> oh, it certainly is. well, you know, again, back to the pricing on the gold. we saw it today drop just a hair under that 1300, but it came right back up, and i think there's going to be a large correction on the upside, on gold, as we saw two years ago. well, two years ago was not a correction, but a speculation on this. we'll see gold continue to slowly rise up now. remember, it's considered mostly

a currency war more than anything else. there's the decorative side to it, but it's based on the currencies and what's happening. we saw the dollar today dropping again, and it's holding underneath there. there's no real push. there's a lot of lack of confidence in the market as your prior guest was saying. everybody's looking for that huge, huge correction, when it's going to come, nobody knows for sure, but we're all bracing for it. liz: well, it might not be huge. it might sort of be water torture just a single dripper, a drop here and there, and tom riley, looking at what's happening in the energy complex, there's a little to the downside today. >> yeah, i know. i think we've taken a break here. it's quiet here today. the volumes were not there. the traders in europe start the holidays in august that happens every year. i think, you know, above a hundred, and we tried to go through 110, up to 109 and change and pulled back.

i think we took the reigns between 90 and 100 and moved it to 100 and 110. i think we'll sit here for a week and digest what's going on, and, you know, if we go higher, it's on news from the middle east, and if we go lower, it's on the selloff in stocks. liz: okay, listen, there's breaking news that at least the yankee haters among you might like. a-rod has been suspended for the rest of the 2013 season without pay and all of the 2014 season. now, this was not unexpected, certainly. major league baseball and the yankees apparently had an inordinate amount of evidence that a-rod participated in using performance enhancing drugs, but the deal was handed down. the deal that came through, if there is a deal, because a-rod was digging heels into all of this was simply that he would not cop to a lot of things, and it is effective thursday,

august -- thursday, august 8th, when it is -- well, that's today, isn't it? isn't today august 8th? oh, it's the 5th. oh, thanks guys. they were like, you scared me. you're a yankee fan; right? >> i'm a yankee fan, a new york fan, i met alex rodriguez on several occasions. you know, new yorkers are fed up, i have to say. liz: i completely think that's how they feel. they want to see the old-school players where you actually won because you were that good. >> right, all i can say in his favor is he loves baseball. you know, to be banned for life; right? liz: it's not, though, thankfully, not for his sake, but 2012 is done, 2013, and 2014. >> after that he can play.

i was doing apple. liz: that's more important to the viewers. >> thank you for the baseball update. the update on apple, a big deal here for apple today because the administration now stepped in and overturned u.s. trade panels' decision that really has a more favorable effect, and this -- [inaudible] u.s. trade representatives vetoed the ban, and now way we're seeing is that u.s. customers will be able to have access to the older phones and the like, u.s. trade representatives said it's great for the u.s. economy, great for the u.s. consumer, and, ultimately, good news for apple too. liz: in fact, we have coming up in the program, a tough columbia law professor who is an expert in all of this, and we're qoing to have him weigh in on this because the last time an administration in the united states jumped into a patent fight like this was way back in 1987. is it ratings -- is it a pro-business move for the obama administration?

we'll see. nicole, thank you very much. all right. we have to get to peter barnes because as we mentioned two years ago today, the u.s. got downgraded when it came to the credit rating, and there was a special reason for it. we raised the debt ceiling, but the impression on behalf of s&p, wrongly, if you look how the market performed since then, was simply that there were not enough cuts at the time. guess what? it's all coming to pass again. peter barnes in washington, d.c.. when does the clock run out? >> when does the clock run out, liz, did you say on the latest debt ceiling? liz: yeah, uh-huh. >> it already ran out back on may 18th, and it is -- but, as you know, the treasury is doing a special and extraordinary measure to stay under the debt ceiling by not funding federal pensions and pensions for federal employees, not using this foreign exchange fund that the treasury has, so for now, we

won't -- we'll be able to pay -- the government can pay bills probably until after labor day, according to the treasury, probably into october, possibly november, and i do want to point out, though, that standard and poors feels a bit better about the partisan divide here in washington now. not that it won't continue, but if it does, it's not as potentially damaging, especially after the budget deal at the beginning of the year to raise taxes and raise the debt ceiling to may 18th and now longer. in a new report last month, s&p analysts expect repeated divisive debates over raising the debt ceiling this fall, but they expect them to conclude without provoking a sharp discontinued cut in current expenditure or debt service, critical to global investors, and, quote, the stable outlook indicates our view that the downside risk to the aa-plus rating on the u.s. have receded

to the point that the likelihood that we will lower the rating in the near term is less than one in three. in fact, s&p analysts are more worried about the improving deficit picture, and that it will create complacency in washington about tack 8ing -- tackling the nation's debt problem. liz? liz: peter barnes in washington. we could see this again, although, of course, we realized, the first time it's a shock. second time, people say, yeah, we've been here before, seen it before. two years ago, all the traders dealt with the fall of the dow jones industrials of more than 635 points because a credit ratings agency, whose reputation already on the line after the financial crisis making bad calls back then, s&p said that our credit worthiness here in the u.s. was not up to snuff. forget that warren buffet came on fox business right away and said, yes, it is. the fact is ratings agencies, do you believe them or not? well, since the financial crisis, a brand new one sprouted

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liz: two yearing ago today, it was actually tonight, so august 5 #th, a friday night two years ago, and we saw the flashes that the s&p's ratings agency cut, for the first time, the credit worthiness of the united states from aaa to aa-plus. look and see how the cable and broadcast networks covered this breaking story. watch. >> standard and poors downgrades the u.s. government's federal debt. the credit rating agency, standard african-american poors, downgraded the credit rating for the first time ever tonight. >> the longer term issue here for the united states will be more psychological than we'll see impacted in the financial market. >> let's go overseas to see how

investors are reacting there. >> the credit rating clippedded, aaa, best in the world since 1917. not anymore. liz: okay. everybody panicked, but guess what, was it really the correct call? we are joined by somebody who works at the ratings agency that sprouted up after the credit crisis, kroll. as we see what the markets did back then, since then, they have have jumped exponentially. was that the right call? >> no, the wrong call for a couple reasons. first of all, look at the u.s., it's the reserve currency of the world, has been the reserve currency of the world since the 50s and 60s, and continues to be the reserve currency of the world, so you have to look at it in a different way. secondly, i think that they were looking for redemption after the crisis. liz: you mean s&p?

>> s&p, looking for redemption and thought this was good will, but it backfired. the u.s. treasuries continue to be, as they were right after they downgraded, continue to be the ultimate safe hain. liz: but you used to work at a ratings agency, fitch? >> fitch, yeah. liz: what you do differently from there than s&p now that you're at kroll not to make that mistake? >> well, this was just one of many moves by s&p that, frankly, has been inexplicable. i think they really made bizarre moves that have really scared the market, and i think that one of the things that has to happen is to bring credibility back to the market is that you've got to, first of all, act like a grownup, behave like a grownup, but do your homework, do diligence on things you rate, and give the market enough information that they can evaluate your analysis and come

up with their own conclusion, and either agree or disagree with you. liz: the criticism that lies in the model of the ratings agencies in that they are paid by the very firms they are covering. that was not necessarily so with the united states, not states t when you say they were things that scaredded investors, don't you think that ratings agencies shouldn't be in the business of worrying about whether they scare investors, but they just have to get it right. >> well, i think if you give investors information and that scares them and that .nformation's right, that's a if inconsistency and bizarre movements when s&p pulled the deal, the commercial mortgage backed deal on the eve of its being offered to investors changing the criteria, that scares investors in a bad way because that erodes confidence in the rating agencies, and the fixed income markets need confidence in the ratings agency to work properly

to be -- liz: now, when he looks and sees what the market has done since two years ago today; right? the s&p, the nasdaq, jumped, 40, 50%, unbelievable. does that give anybody confidence in how the big ratings agencies from pre-financial crisis really make incorrect calls? our credit war thyness was not up to snuff, aa-plus, on the same level of france and isle of man, i just don't get it. >> it's interesting. you raise another issue, and that is you have to be able to explain the rating in the context of other ratings. liz: right. it's fine if they downgrade the u.s. for the appropriate reason, but back then, treasury secretary geithner said youred moo eeling is flaw -- your modeling is flowed, i believe, by a million or more dollars. >> that gets 20 what happened that -- to what happened that day. sent analysis to treasury, treasury sent the fact they were

off by a couple trillion dollars and rather than taking the weekend to evaluate their model and their analysis, they came out with a different analysis and went ahead with the downgrade, which i think just made people scratch their heads even more. i think they weren't able to convincingly explain to people why finland was aaa and the united states was aa-plus, why they continued to rate auto deals aaa. that's auto loans, you know, pool of auto loans aaa, and the government was aa-plus, and in order to downgrade the united states, you have to be able to answer those questions, and it has to be a rational answer. liz: gym nadler of kroll, and it's fascinating to see what the free markets does with new ratings agency. i hope it's going well for you. >> it is. liz: jim nadler, president of kroll. thank you for joining us. you know who else is aaa?

leech stein, lux upberg, and the united states is not. if you have time warner trying to watch cbs, the summer let down. it's rare for a network to launch series that do extraordinarily well in the summer. it's a testing area when viewership is slow, but guess what? cbs had just done it with two shows that were doing beautifully, and now what does it mean? will they lose out from their winners because of the deal and the nondeal with time warner cable? stay tuned, we're coming back live at the floor of the new york stock exchange. ♪

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legions of fan, and then cut. time warner cut because they could not come to a deal with cbs, cutting the program, it's black if you live in certain cities and want to watch show time and cbs. dennis kneale on the story. time warner and cbs down. >> yes, unfortunatelily, "under the dome," a great success for cbs, but wait until you hear the latest out in the past hour. time warner cable out with a bold proposal. it says maybe cbs ought to sell itself directly to cable customers ala cart at any price they want to charge, and time warner collects the money and passes it all on to cbs. that's a put up or shut up offer from time warner cable saying cbs should get back on air and agree to new terms and extend old ones, and if not, here's the bold part, cbs should sell itself, ala cart as a separate channel viewers pay extra to get, quote, this way, time warner says, rather than debating the point, we allow

customers to decide for themselves. that offer came in a letter an hour ago from time warner's ceo to cbs's chief. we're awaiting a cbs response, it's basically a double dog dare ya for cbs. the network complains they have the most watched show on tv, yet it gets less than a dollar a month from home from cable systems compared with $5 for for espn with one-fifth as many viewers. would cbs dare go out on its own and test whether consumers are truly willing to pay extra for cbs shows also delivered free of charge over the air? nobody gets them that way. that's a big if. we'll see if the eye blinks on that one. cbs says the blackout has been a mere flesh wound thus far. in new york, l.a., detroit, cbs's audience in prime time, friday to sunday, is the same as it was a week ago. cbs just put this release out says it's been ahead in the

ratings all season so a dip won't hurt it, and august is a slow month away. we had a chart on that, but cbs says its audience in the three blackout markets was up hugely for the golf championship. we have another chart on that. up 150% among all viewers, and even in local news from friday to sunday, ratings are up 9% in those three blackout cbs markets. now, that's because time warner cable doesn't have a hundred percent of the customer base in those three cities, and only reaches some of them. so far, liz, cbs not feeling any pain, and that means that this dispute could yet go on. we'll see what cbs says to the latest ala cart offer, really is a gauntlet thrown down here by time warner cable. liz? liz: i would think. i got two words for everybody, rabbit ears. >> yeah. liz: stunning, dennis. that was in the last hour, keep us posted on everything that's happening. as we mentioned, both stocks

down now. coming up, apple, a huge part of the s&p 500. by the way, the nasdaq, too. we don't want to say it, but about to turn positive, looks like it. in any event, coming up here on fox business, listen, huge news over the weekend where the obama administration decided to overturn a ruling that was against apple and in favor of korea's samsung regarding certain pa tents. this highly, highly unusual, coming up, we've got a round table discussion on this including a top columbia law professor and a top technology editor from mashbles to talk about what this means for apple, google, who knows, samsung as well, hammered today overseas. stay tuned. we're coming right back live at the floor of the new york stock exchange. ♪ [ male announcer ] these days, a small business can save by sharing.

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liz: welcome back, as we said going into the break, the nasdaq turned positive, just one point where it took off, the nadz deck turning positive. dow is lagging by 37 points, s&p by two. time for trader talk, surrounded by traders here, and, of course, one of our favori teddy, of seaport securities. if the markets were human, what would it be today? >> tired. just -- i mean, not tired in a negative sense. i think just tired. i'm -- i know it's hard to believe, but we're up five or six weeks in a row making new highs, everything's at new highs, and i think, you know, i just feel like when markets went down in 2008 and 2009, after awhile, they are tired of going down and up. liz: marathon runners, when they are tired, they get a second

wind; right? is there a chance for that? >> absolutely. we've seen that repeateddedly over the last four or five weeks, but it's based on the fed. earnings have been bylaw. the economy's blah. liz: s&p companies that reported have beaten on revenue. >> yeah, but the bar, the bar's been low for the second quarter. i mean, i think we all have to admit that. yes, they have beat, you're right, you know, absolutely they have beat. i don't know they just market's come a long way in a relatively short period of time, it's a great year, up, what, 2 the board for the popular averages. liz: close it here and, you know, you can close out your positions and be up 20% if you are long; right? >> absolutely. if we had brains, sell everything and go away, go on vacation the rest of the year. liz: no stay here. teddy on the floor. we have to get to apple because over the weekend, there was a fascinating move where the obama administration overturned a united states trade rep group saying that the patent wars that

had gone out of favor against apple, he vetoed that. let's get to the two experts today, pete with mashble, a senior editor, nice to see you, pete. >> nice to be here, liz. liz: and joined by the professor from columbia university. starting with you, professor, this is an usual. there's not been an administration jump in and overturn a ruling since 1987, but the obama administration jumped in, ruled in favor of apple and against samsung. what do you think of that? is this realistic? could the obama administration said it would have hurt consumers. do you agree with that? >> so this is a ruling that's a larger push on the part of the obama administration to reign in the patent system. this summer, they had priorities including cracking down, if you will, on itc and exclusion orders, orders that would prevent a company like apple from importing its phones.

liz: it's strange. the ban is considered political by some, but others say the obama administration's sticking up for app 8 and business and innovation. >> you know, i don't regard it as a political act. look to europe, for example, the european commission made similar moves, particularly, with respect to the patents at issue here, so-called standard impactful patents, incorporated in the technology of the cell phone, and everybody is on hook for the patent. liz: pete, get to the viewers to make them understand what was ruled here initially by the first ruling, and that was that certain older forms of the ipad and iphone could not be sold because they infringed on samsung pa tents. that was overturned. are they overjoyed and cheering today? >> definitely not. liz: livid. i mean, this is very much against them. they lost a billion in market capital overnight. >> going to affect them in the short term. it's a billion dollar company, and they can endure the losses,

but i think broadly, this might actually be long term not as good for apple as some people think. liz: why not? >> viewed as american protectionism. as much as the ruling is a just ruling, a strong basis in just the public interest and not just regulation, it's, i think, overseas, in many markets, and, remember, global companies, it's going to be looked at as basically the u.s. government sticking up for apple. liz: by the way, samsung has a ruling, very he said, she said, apple slammed down on one, but on other, samsung had rulings not in its favor. >> definitely. they have not done well in europe in similar cases, the standard essential patent here is kind of called into question whether it's essential, but the -- there's fighting in many countries, and samsung's taking more licks than apple lately, and that could be bad to the bottom line.

liz: do we have a window into the administration's future decisions on intellectual property decisions? >> well, it suggests they are ready to step up to the plate and make a push to rape in a system that, i think, some of have gone out of control. particularly, when a small piece of a small component of a technology can be used, arguably, to block the entry or continued sale of a product all together, even when the piece of the product at issue is small. liz: when a small company has an idea of its own, and, clearly, it's obvious that apple is very original in the ideas, and samsung, as well. should that not be protected in some way, shape, or form? their people came up with it. >> sure, absolutely it should be protected, and the issue here is not about whether the patent was infringed. it's about what do you do once the infringement is shown? do you get money? arguably, samsung gets money in any event, but the question is

whether you can, in addition, block the product all together, and that's a bridge too far in the view of the administration. liz: pete, we ignored one thing, and we shouldn't. that's google. there's a motox. you guys test this stuff and look at it. could it provide the real challenge to both samsung and apple? >> motox is a good phone. i don't think it's a game changer for google. it has very innovative parts to its marketing, that is it's made in the usa and people can get it within four days in a customized version. is there a demand for that? we'll see, but i don't see it being a huge hit, but there could be a good word of mouth phone and a sleeper hit in the long term for google. liz: all right. waiting to see once it's on the shelf how quickly it sells. great to have you, columbia law, mashble, great expertise. thank you very much. okay. when we come back, the markets, of course, we've shown you this hour how far they've come, double digit percentages since that fateful day two years ago exactly to the day when s&p

ratings agency cut the aaa rating and credit worthiness of the united states. coming up, we have a market watcher. you know the name, minonville, the founder, todd harrison and what worries him. he's the worry wart index on the market. stay tuned. his perspective coming up. ♪ ♪

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liz: what a difference two years makes. it was this day two years ago where the dow fell 635 points due to the downgrading by the s&p ratings agency today. down over 30 points, but we've laggards and leaders.

nicole has that. >> i remember it all well, and it's a much easier day on wall street today than back then. take a look, liz, at name under pressure on the dow jones industrials. the dow's down 40 points right now, led lower by united technologies and travelers, but the truth is that most of the dow components have been lower all day long. though, the market breath is improving some going into the closing bell, and other names under pressure, yelp, jcpenney, but winners are blackberry, tees la -- tesla and smith and wesson. a lot of winners. back to you. liz: thank you very much. nicole says it's an easier day today than two years ago when the markets fell precipitously after the u.s.' credit rating was dropped from aaa to aa-plus. aaa is outstanding according to s&p, and aa-plus is excellent. it's vague. i mean, is there really a

difference between outstanding and excellent? there's a difference two years later on what might happen. we are joined now by todd harrison, founder of minonville. great to see you, todd. >> great to see you, liz. liz: interesting two years, two years ago, did you think the dow, nasdaq, and s&p would jump after the credit wore -- worthiness was questioned? >> i don't know how many worthiness is in it. whatever cent they had, i think, is long gone. i'm not that surprised, but what's interesting, at least to me, is the difference between a stock stock market rally and economic recovery. the stocks at all-time highs in many cases, but the economy is not doing well, some 2% gdp growth, and investors now, once upon a time, the greenspan, and now the ben bernanke call, and that's dangerous. liz: describe of the ben bernanke call as you see it. what would you do to protect

yourself in advance of what you believe happens, and is it a correction? i hate using -- what do you think? >> i've been wrong, too cautious this summer, but i think that, you know, when you see consumer confidence, that level's last seen in august of 2007, i think, you know, you at least have to pay attention to that. there's a lot of folks out there talking about the great rotation back into stocks, and meanwhile, i think john q. pluck saw the movie with sabers burnedded at the bottom, investors burned at the op, and the fatigue is wearing thin. if we get through august, september, october without a meaningful come up, there's a meaningful anxiety in the back of the year. i don't know we get through there without a pull back. liz: you mentioned "anxiety," and that's psychology. market psychology is important because of the herd moves dramatically and quickly. what other met tricks do you

look at to give you a sign of what the market's going to do. >> well, there's a lot of moving parts in psychology, but i want to look at the world in a sociolens, and much like i talked about with you back in 2006, in december 2007, that the markets are at all-time highs, but nobody feels it's an all-time high, and i think that chasm between perception and reality is pretty important, and it bears noting. whether it's a-rod or stevie cohen, or braun, all the things we see in society where the rejection of wealth, i think that has a potential to manifest through financial assets. liz: fundamentals and technical analysis account for what? a lot? that's the reality, isn't it? that's the let's remove emotion and look at the numbers. >> of course. i think that's a great point. four metrics, fundamentals, structural, psychology, but this is not our father's stock market. there's a very, very heavy hand of the government, 7 o% of the

vol newspaper here is -- 70% of the volumeshst. look at the met tricks, what is important in terms of ranking them? psychology is far and away number one. i think that structural is number two, whereas what was rates and credit, but now it's tapering, expectations, things of that nature. fundmentals is number three, pulling through earnings season, and technicals is number four. as long as we stay above s&p s&p1675, the bears should feel okay. liz: the massive algorithm computer trades that gyrate the markets, and, boy, if you're not on the top effort market, and just an individual investor, but speaking of which, they are interested in what stocks ceo perts look at to give an indication of what the markets may do in the future. you got three in the same sector, social media. >> looking at the stocks, and price action in yelp or in

lincoln -- liz: both hitting extraordinary highs. >> even facebook. i pay attention. i'm not involved in the names, but in terms of predictive prowess, i think the financials are really the sector that incaps lates our financed-based economy. there's performance by the regional banks against money-centered banks. watch the money center banks because they are a leading indicator for the market. lizly wonderful to see you, todd harrison, and i wanted to ask you, two years ago today, what were you doing as a trader? when fox business launched, todd was a regular and sat with the computer screens k like you see behind us right now, but what kind of trades were you making back then? >> well, you know, same types of trades i'm making now, get in, get out, be humble about it. be humble, the market does it for you. i talked to a lot of people for a long time, and this is a tricky market that i've seen. there's no shame in admitting it's hard. only shame in pretending it's

not. if you have capital and you're not sure, trade in between or preserve until you see the whites of the eyes. liz: good to see you, todd harrison, founder of minonville. if you have not seen the site, check it out. the nasdaq moving slightly higher, and when we return, looking at the winners. stay tuned, we're coming up on the closing bell, a few minutes away. the clock, six minutes away. we'll be right back. stay tuned. ♪ his small business take theseags to room 12 please. [ garth ] bjors small busiss earns double miles on every purchase every day. produce delivery. [ bjorn ] just put it on my spark card. [ garth why settle for less? ahh, oh! [ garth ] great businesses deserve limited reward here's your wake up call. [ male announcer ] get the spark business card from capital one and earn unlimited rewards. choose double miles

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let's look at the nasdaq winners. tesla tops the list of the this is an all-time high that tesla is touching at the moment. micron technology, mu. traditionally a volatile stock. this name is up 113% year-to-date. we have facebook, the all-time high for facebook, 39.32. it hit it earlier today. we'll see if closes there. we're looking at winners for expedia and netflix. what a day two years to the day after the s&p rating agency cut u.s. credit rating from aaa to aa-plus. that was two years ago. we've seen where the market has gone up. dramatically over the last two years. adam shapiro joining me in for david asman. take us to the bell. >> we'll be back with you in a minute. we want to go to nicole petallides on the floor of the new york stock exchange. facebook still on a role. trading at an all-time high,

nicole. >> a lot of people were disappointed when they saw the stock going down, down, only 17 1/2 bucks. only to see it surpass the ipo price and $39. the target is 40 bucks. >> what about hbc? they're down 4%. >> at love banks didn't do well. hbc in particular. >> i hope you like teslas. my brother brought one, the doctor down in atlanta. they're hitting all-time high. up 54%. >> yeah. it is continues to do so well. that model s got a near perfect score. continues to be touted by wall street with one an after another. great performer. >> once my brother gets him in september, all bets are off. hey, fossil is tumbling. i'm wearing fossil. >> mice watch, adam. what is happening a lot of analysts are doing checks. sales will probably be slower than expected for fossil, not

only for fossil but accessories. analysts getting on board and thinking fossil will not be a great get. it is down 5.8%. >> nicole, let me ask you real quick, s&p over 1700 will we hold it? what are the men and women on the floor telling you. >> what happens they get nervous. they have six straight weeks of gains for the s&p and the dow, adam. they don't necessarily want to buy now because you might be at the top. you will take profit but don't short it. you don't want to short it to be caught the wrong way. nobody is betting down. >> a lot of these stocks are looking kind of pricey >> there were concerns late summer, early fall. dollar-cost averaging where you take some money off the table.

you can't get too greedy because then you're a pig. [closing bell ringing] adam: nicole petallides. the bells are ringing on wall street. we'll look how the stocks are finishing. we don't quite just yet. the dow is down 45 points. s&p 500 holding above 1100 but down two points. nasdaq going into positive territory. up two points. want to look at the front page headlines. the u.s. non-manufacturing sector picked up seem in july. the ism non-mr.ing index -- manufacturing index rose to 56. highest since february. time warner suggests a immediate resumption with quote, economics pay greed to during negotiations. it also proposed that time warner cable carry cbs stations on an a la carte basis. cbs haven't yet responded. 12 players accepting a 50-game